| Case ID |
10340e94-8125-49f8-8760-9abf6338796e |
| Body |
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| Case Number |
Writ Petition No. 15184 of 2010 |
| Decision Date |
Jan 24, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the writ petition, setting aside the impugned order of the Rent Controller that had accepted an application to implead a subsequent purchaser in the eviction proceedings. The court ruled that a tenant denying the landlord-tenant relationship must vacate the premises before contesting ownership rights, as the proceedings were strictly between the landlord and the tenant. The court emphasized that the tenant's claim of ownership does not justify continued occupation unless confirmed by a competent court. The Rent Controller's acceptance of the application was found to be inappropriate as it allowed a third party to interfere in the landlord-tenant dynamics, which should be protected. |
| Summary |
This case involves a writ petition filed by Muhammad Parvez against the Additional Rent Controller and others regarding eviction proceedings under the Cantonments Rent Restriction Act. The Lahore High Court addressed the issue of whether a subsequent purchaser could be added as a party in rent proceedings. The court opined that the relationship between landlord and tenant must be established first, and a tenant must vacate the premises before asserting any claims of ownership. The decision highlights important legal principles regarding tenant rights, eviction processes, and the implications of property ownership claims in rental disputes. The ruling serves to clarify the scope of involvement for third parties in landlord-tenant matters, emphasizing the need for judicial determination of property rights before any eviction can be contested. This case is significant for advocates and legal practitioners working on rental law, providing guidance on the necessary parties in eviction proceedings and the rights of tenants versus property owners. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAQAR NAJAFI, J
|
| Lawyers |
Fazal-ur-Rehman Butt for Petitioner,
K.J. Khattak for Respondents Nos.2 and 3
|
| Petitioners |
MUHAMMAD PARVEZ
|
| Respondents |
2 others,
ADDITIONAL RENT CONTROLLER, Lahore
|
| Citations |
2013 SLD 2756,
2013 YLR 1881
|
| Other Citations |
Raza Hussain v. District Judge, Vehari 1986 SCMR 1267,
Abdul Rasheed v. Maqbool Ahmed and others 2011 SCMR 320,
Barkat Masih v. Manzoor Ahmad through L.Rs. 2006 SCMR 1068,
Ghulam Fatima and others v. Rahim Bakhsh and others 1988 SCMR 250,
Muhammad Naeem Butt v. Shaukat Ali and others 2008 SCMR 1024,
Khawaja Ziaul Islam v. Alauddin Malik and another 2010 CLC 273,
Mst. Khursheed Begum v. Malku and others 1983 SCMR 534,
Metropolitan Corporation of Lahore through Administrator v. Syed Bhais (Pvt.) Limited through Managing Director and 5 others 2004 MLD 1395
|
| Laws Involved |
Cantonments Rent Restriction Act (XI of 1963),
Civil Procedure Code (V of 1908),
Constitution of Pakistan,
Specific Relief Act (I of 1877)
|
| Sections |
17,
O.I, R.10,
Art.199,
42
|